Transgender former inmate sues over alleged jail rape

A transgender former inmate who says she was raped in jail is suing Orange County, 14 jail employees and another inmate, claiming a violation of civil rights.

The inmate, identified in court papers only as D.B., says she was removed from protective custody over her protests and placed in general population, where her cellmate, Josh Bailey, raped her on Dec. 8, 2008, according to the suit.

D.B. alleges the jail has no policy regarding transgender inmates, whom she says are at greater risk of being assaulted in jail. A corrections spokesman referred questions to a county attorney, who could not be reached late Thursday.

D.B. sued Bailey, 23, who was convicted of sexual battery and is serving 25 years in prison.

The lawsuit accuses the county of negligence and a corrections officer, John "J.D." Davis, of reckless and/or deliberate indifference and violating her civil rights. Thirteen other unnamed employees also are being sued.

The lawsuit, filed Feb. 25 in state court, was transferred this week to federal court.